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130TH
OHIO GENERAL ASSEMBLY
House Committee on
Agriculture and Natural Resources
Hearings: Tuesdays, 10:00 a.m. Location: Capitol Building Room
116
Chairman: Rep. Dave Hall (R-HD 70) Ranking Member: Rep. Jack
Cera (D-96)
Aide: Mike McGuire
Aide: Pam Wilson
Phone: 614 466
2994 Phone: 614 466 3735
Republican Members Democratic
Members
Andy Thompson, VC Nick
Barborok
Terry Boose Kathleen
Clyde
Jim Buchy Mike
Curtin
Tony Burkley Sean
O’Brien
Rex Damschroder John
Patterson
Christina Hagan Chris
Redfern
Brian Hill Fred
Strahorn
Al Landis Roland
Winburn
Matt Lynch
Dorothy Pelanda
Wes Retherford
Margaret Ann Ruhl
Gary Scherer
House Committee on
Finance and Appropriations
Hearings: Tuesdays, 1:30 p.m.; Wednesdays and
Thursdays, 9:00 a.m.; Capitol Building Room 313
Chairman: Rep. Ron Amsutuz (R-HD 1) Ranking
Member: Rep Vernon Sykes (D-HD 34)
Aide: Grace
Snider, Jason Whalen Aide: John Meacham, Cynthia Ellis
Phone: 614
466-1474 Phone: 614 466 3100
Republican Members Democratic
Members
Jeff McClain, VC Nicki
Antonio
Richard Adams Michael
Ashford
Arlene Anielski John
Patrick Carney
Peter Beck Kathleen
Clyde
Tim Derickson Denise
Driehaus
Mike Dovilla Mike
Foley
Mike Duffey Matt
Lundy
Anne Gonzales Debbie
Phillips
Cheryl Grossman Dan
Ramos
Dave Hall Alicia
Reese
Bill Hayes
Ron Maag
Ross McGregor
Cliff Rosenberger
Barbara Sears
Ryan Smith
Robert Sprague
Peter Stautberg
Gerald Stebelton
Senate Committee on
Agriculture
Hearings: Second & Fourth Tuesdays of the month;
10:00 a.m., Senate South Hearing Room
Chairman: Senator Cliff Hite (R-SD 1) Ranking Member: Senator Lou Gentile (D-SD 30)
Aide: Christopher
Collins Aide: Maria Haberman
Phone: 614 466
8150 Phone: 614 466 6508
Republicans Democrats
Troy Balderson, VC Capri
Cafaro
David Burke Shirley
Smith
Frank LaRose
Gayle Manning
Bob Peterson
Senate Committee
on Energy and Natural Resources
Hearings: First & Third Wednesdays of the month,
10:00 a.m., Senate South Hearing Room
Chairman: Senator Troy Balderson (R-SD 20) Ranking Member: Senator Joe Schiavoni
(D-SD33)
Aide: Danielle
Vandergriff Aide: Ryan Monell
Phone: 614 466
8076 Phone: 614 466 8285
Republicans Democrats
Kris Jordan, VC Capri
Cafaro
John Eklund Lou
Gentile
Cliff Hite
Tom Patton
Bob Peterson
Tim Schaffer
Joe Uecker
Senate Committee
on Finance
Hearings: First & Third Tuesdays of the month, 2:30
p.m., Senate Finance Hearing Room
Chairman: Senator Scott Oelslager (R-SD29) Ranking Member: Senator Tom Sawyer
(D-SD28)
Aide: Gina Wilt Aide: Kelsey Bergfeld
Phone: 614 466 0626 Phone: 614 466 7041
Republicans Democrats
Bill Coley, VC Shirley
Smith
David Burke Charleta
Tavares
Randy Gardner Joe
Schiavoni
Jim Hughes
Shannon Jones
Frank LaRose
Tom Patton
Bob Peterson
Conservation Land Property Tax Treatment
The purpose of this proposed legislation is to create an incentive for landowners to donate conservation easements on their land or to donate fee ownership of their land. Two incentives are provided for donations of conservation easements. First, one-half of the taxable value of the land subject to the easement is exempt from real property taxation. Second, the recoupment charges otherwise payable upon conversion from CAUV to the 50% of taxable value are waived.
The incentive for a donation of the fee ownership is an exemption from recoupment charges upon conversion of the land from CAUV status to exemption from real property tax, provided the land is owned by a 501(c)3 charitable organization, the land use is restricted by a recorded instrument to conservation purposes described in Section 5301.67(A), Revised Code, and the land had previously been taxed as CAUV property. This incentive would apply to most land trusts which receive a donation of CAUV property if the CAUV use is discontinued and in its place conservation restrictions are placed on the land.
Currently, the impact of conservation easements on a property’s value is often not considered in fixing taxable value because many times, county auditors may not know when a conservation easement has been granted on a particular property. Secondly, the ambiguous requirement that auditors “take into account the diminution in value as the result of the existence of any conservation easement” has led to a large degree of subjectivity and therefore, disparity in property valuation amongst different auditors. Establishing an objective standard such as those under the CAUV and forestry programs would require auditors to tax easement property consistently and at a lower taxable value than non-easement property.
Landowners who become ineligible to participate in CAUV, most often because the land falls out of significant agricultural use, are subject to a property tax increase and required to pay recoupment of previous years’ taxes. However, landowners who place conservation easements on their property and become ineligible for CAUV should be exempt from recoupment because the presence of the conservation easement maintains the diminished value of the property. While it is anticipated that most conservation easement donors would continue to be eligible for CAUV, this provision in the proposed legislation would allow farmers to pursue possible preservation of their land as a wildlife preserve rather than for a specific agricultural use without penalizing them by requiring them to pay recoupment of taxes.
The incentive for a fee donation provides comparable tax treatment for the donation of a conservation easement and the donation of fee ownership. In both cases the conservation values of the land are protected and the public interest is thereby served.